Philippines: Coalition Clamor for the Freedom of Information (FOI) Bill

by Right to Know Right Now Coalition
Saturday Jan 19th, 2013 4:05 AM

Still enough time for FOI – if House leadership supports it. With only nine session days remaining before Congress adjourns for a long election break, members of the Right to Know Right Now Coalition are reminding members of Congress that they still have enough time to pass the Freedom of Information (FOI) bill even without the prodding of Malacanang.

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All that is needed, the Coalition says, is a clear commitment from the leaders of the House of Representatives.

In a statement signed by more than a hundred organizations, the Coalition challenged House Speaker Feliciano Belmonte Jr. and Majority Leader Neptali M. Gonzales II to declare the bill as urgent so as to facilitate its immediate passage.

Under Rule X, Section 52 of the House Rules, the Committee on Rules, through the Majority Leader, “may declare a bill or resolution urgent and consider it in accordance with a timetable.”

If the House leaders would not act immediately on the FOI bill, the Coalition says the current House leadership would just go the way of their predecessors in the 14th Congress, who killed the FOI bill on its last hurdle.

In a press briefing today (Jan. 18) at Annabel’s Restaurant in Quezon City, the Coalition joined the authors of the bill in the House of Representatives, media groups, netizens and bloggers, business groups and leaders of the Catholic Church in calling on House leaders to “muster the political will” and “rally” lawmakers to pass the FOI bill even without President Benigno Simeon C. Aquino III’s certification of the bill as urgent.

The Coalition also says that the non-passage of the FOI bill would be “the supreme irony” for re-electionist lawmakers who would once again court voters with “more and newer promises of reforms” in the coming elections.

The Coalition issued the following statement:

FOI: A Bill that Unites 18 January 2013

JUST as it happened in the 14th Congress, the Senate of the 15th Congress has delivered yet again and passed on third and final reading the long-awaited Freedom of Information Act. And just as it happened in the 14th Congress, the FOI bill once again teeters on the brink of death in the House of Representatives of the 15th Congress.

The leaders of the House have two choices: Kill the FOI bill by extended inaction, as their counterparts did in the 14th Congress, or act with dispatch and muster the political will to bring to light a law that will empower citizens to participate directly in the drive for good governance and against corruption.

Even without a certification from the President as to the necessity of the FOI bill’s immediate enactment, the House Committee on Rules, through the Majority Leader, is empowered to declare a bill urgent to facilitate its immediate passage. This is a clear option that the House leaders can take to fast-track the bill in the nine session days left from the resumption of session on January 21 to the next adjournment on Feb. 9, 2013.

Rule X, Section 52, of the House Rules reads:

“Urgent Bills and Resolutions. – The Committee on Rules, through the Majority Leader, may declare a bill or resolution urgent and consider it in accordance with a timetable. The timetable, prepared by the Committee on Rules, shall fix the date when the bill or resolution must be reported by the committee concerned, the number of days or hours to be allotted to the consideration of the bill or resolution in plenary session, and the date and hour debate must be concluded and final vote taken.”

The FOI bill is a bill that unites all sectors of Philippine society. The right to information is every citizen’s human right, and the passage of the FOI bill for the effective operationalization of this human right is every citizen’s demand.

As things stand, the FOI bill is just a few steps away from passing into law. It would be most unfortunate if, by sheer inaction of the House, the citizens will again be denied a legislation that is truly crucial to solidifying and institutionalizing governance reforms. The pending bill in the House, without the right-of-reply rider, is already a balanced bill. It adopts fully Malacañang’s inputs addressing the President’s concerns, and enjoys wide support from stakeholders.

The opportunity costs of not passing the bill are clear. Non-passage means a waste of painstaking efforts, resources, and taxpayers’ money. The FOI bill will have to go through, yet again, the tortuous legislative process in the next Congress.

Yet other than these cost concerns, the death of the FOI bill in the 15th Congress could well be an indictment on how some politicians eschew political reforms, particularly those that may diminish their perks and prerogatives. The death of the FOI bill would be the supreme irony that politicians in the House seeking reelection or election to new positions could offer to voters whom they are now courting with more and newer promises of reforms.

We challenge the members of the House of Representatives who continue to resist the passage of the FOI bill, to cast their personal fears aside and take a stand for FOI. We exhort Speaker Feliciano Belmonte Jr. to be a leader, and rally his colleagues to pass the FOI bill now.

In a joint statement, leaders of 68 student councils and youth organizations across the nation urged the members of the House of Representatives to pass the Freedom of Information (FOI) bill before the 15th Congress takes another long recess on Feb. 8, 2013.

“FOI is our issue, too,” said Carlo Brolagda, co-convenor of the FOI Youth Initiative (FYI) and chairperson of the student council of University of the Philippines College of Social Sciences and Philosophy.

“We young people, who will eventually inherit this government, want institutionalized mechanisms for transparency and accountability of public officials and offices,” he said.

“Let our generation be defined not just by the laws passed during our youth, but more so by the actions that we have undertaken to ensure that they are enacted.”

The FOI Youth Initiative (FYI), called on Congress to “cement its reputation as the House of the People that has successfully enacted relevant progressive legislation for the rights and welfare of Filipinos.”

A member of the Right to Know, Right Now! Coalition, FYI said lawmakers should keep the momentum for reform laws going. “Failing to pass the FOI Bill would make the House fall short of fully gaining the trust of the people in its winning streak of passing long-awaited laws,” FYI said.

Citing that the Senate has done its part by finally approving the FOI bill on third and final reading last December, Brolagda said, “we believe that it isn’t too much to ask for the House to do the same before the 15th Congress ends and before many of its members go on campaign mode for the elections.”

“Aside from possible problems in House members’ attendance, we also have to deal with legislators who are adamant in having an anti-press freedom Right of Reply provision in the bill,” Brolagda said. “Some are misled into thinking that the FOI Law will only cater to the media. They are completely mistaken because this measure will benefit all citizens.”

Meanwhile, FYI co-convenor Chris Alquizalas, councilor of the UP College of Social Science and Philosophy student council, called on his fellow young leaders to help in lobbying for the bill by engaging their Representatives in Congress.

“We have to make them realize that FOI is our issue, too. We young people, who will eventually inherit this government, want institutionalized mechanisms for transparency and accountability of public officials and offices,” said Alquizalas.

“Let our generation be defined not just by the laws passed during our youth, but more so by the actions that we have undertaken to ensure that they are enacted.”

The FYI said it supports the call of the Right to Know, Right Now! Coalition for President Aquino and the House leadership to certify the FOI Bill as urgent. The group promised to be watchful of the proceedings in the House as it winds down towards adjournment before the 2013 elections.

The FOI Youth Initiative is composed of the following student councils and youth organizations:

• College of Social Sciences and Philosophy Student Council (CSSPSC), University of the Philippines – Diliman • BUKLOD CSSP, College of Social Sciences and Philosophy, University of the Philippines – Diliman • Movement of Students for Progressive Leadership in UP (MOVE UP), University of the Philippines – Los Baños • UP Alyansa ng mga Mag-aaral para sa Panlipunang Katwiran at Kaunlaran (UP ALYANSA), University of the Philippines – Diliman • Bukluran ng mga Progresibong Iskolar – UP System (BUKLURAN – UP SYSTEM), University of the Philippines System • Linking Everyone Towards Service CDC (LETS CDC), College of Development Communication, University of the Philippines – Los Baños • Katipunan CHE, College of Human Ecology, University of the Philippines – Los Baños • Sandigan ng mga Iskolar para sa Nagkakaisang CAS (SINAG CAS), College of Arts and Sciences, University of the Philippines – Los Baños • Alternatibong Katipunan ng mga Mag-aaral (AKMA), University of the Philippines – Baguio • Bigkis ng mga Iskolar Para sa Bayan Tungo sa Makabuluhang Pagbabago – UPM (BIGKIS-UPM), University of the Philippines – Manila • UP Organization of Human Rights Advocates (OHRA), University of the Philippines – Diliman • Coalition for Students’ Rights and Welfare (STRAW Coalition) • Bagong Benilde, De La Salle – College of Saint Benilde • Metro Manila Alliance of Communication Students (MACS) • Akbayan Youth • Alliance of Progressive Labor – Youth (APL Youth) • Laban COC Party, College of Communication, Polytechnic University of the Philippines • UP Economics Towards Consciousness (ETC), University of the Philippines – Diliman • Sanggunian ng mga Paaralang Loyola ng Ateneo de Manila, Ateneo de Manila University • Alliance of Student Leaders (ASL), Ateneo de Manila University • Law Student Government (LSG), College of Law, University of the Philippines – Diliman • AngKAS (CSSP History Department Core Group), University of the Philippines – Diliman • Student Council Alliance of the Philippines (SCAP) • UP Alliance for Responsive Involvement and Student Empowerment (ARISE), College of Engineering, University of the Philippines – Diliman • Center for Youth Advocacy and Networking (CYAN) • UP Kalipunan ng mga Mag-aaral ng Sosyolohiya (KMS), University of the Philippines – Diliman • College of Allied Medical Professions Student Council (CAMPSC), University of the Philippines – Manila • University Student Council (UPM USC), University of the Philippines – Manila • UP Kabataang Pilosopo Tasyo (KaPiTas), University of the Philippines – Diliman • UP Kalipunan para sa Agham Panlipunan at Pilosopiyang Pilipino (UP KAPPP), University of the Philippines – Diliman • UP Bukluran sa Sikolohiyang Pilipino (Buklod-Isip), University of the Philippines – Diliman • UP Lipunang Pangkasaysayan (LIKAS), University of the Philippines – Diliman • College of Education Student Council (CESC), University of the Philippines – Diliman • Union of Progressive Students (UPS), University of the Philippines – Cebu • People United to Lead, Obey, and Serve (PULOS), University of the Philippines – Mindanao • Kabataang Liberal • UP People-Oriented Leadership in the Interest of Community Awareness (UP POLITICA), University of the Philippines – Diliman • UP Sirkulo ng mga Kabataang Artista (SIKAT), University of the Philippines – Diliman • University Student Council (UPD USC), University of the Philippines – Diliman • Cor Jesu Association of Graduate Students (CJAGS), Cor Jesu College, Digos City, Davao del Sur • Barkadahang San Joseño, San Jose del Monte, Bulacan • Youth Against Debt (YAD) Eastern Visayas • Animal Concerns and Awareness Club (AC2), University of the Philippines – Visayas Tacloban College • School of Business and Management Student Council (SBMSC), Xavier University – Ateneo de Cagayan, Cagayan de Oro City • Children International – Child Sponsorship for Community Development Inc. (CSCDI), Tabaco City, Albay • REPUBLICA Socio-Political Party (UA&P REPUBLICA), University of Asia and the Pacific • Partido sang Mainuswagon nga Bumulutho (PMB), University of the Philippines – Visayas, Miagao, Iloilo • Council of Maritime Leaders (CML), University of Cebu – Maritime Education and Training Center, Cebu City • UST Political Science Forum (UST-TPSF), University of Santo Tomas – Manila • College of Communication Student Council (COC-SC), Polytechnic University of the Philippines • School of Business and Management (SBM) – Business Economics Society (BES), Universidad de Zamboanga, Zamboanga City • Supreme Student Government – Northern Cebu Colleges, Bogo City, Cebu • Team Communication (TeamComm), De La Salle University – Manila • SENTRO – La Salle, De La Salle University – Dasmariñas • Samahan ng mga Mag-aaral para sa Alternatibong Reporma at Pagbabago (SAMAR Party), University of Eastern Philippines, Northern Samar • UEP Office of the Student Regent, University of Eastern Philippines, Northern Samar • STI Student Council, STI College – Southwoods, Carmona, Cavite • UP Sigma Beta Sorority, University of the Philippines – Diliman • University Student Government (DLSU USG), De La Salle University – Manila • Youth Aids Filipinas Alliance (YAFA), University of the Philippines – Visayas Tacloban College • Vox La Salle Debate Society, De La Salle University – Dasmariñas • TLF – Sexuality, Health, and Rights Educators (TLF-SHARE) Collective, Inc. • National Alliance of Liberal Student Formations (NALSF) • KILOS! – PUP, Polytechnic University of the Philippines – Manila • Filipino Liberal Youth – PUP, Polytechnic University of the Philippines – Manila • Alyansang Tapat sa Lasallista (TAPAT), De La Salle University – Manila • School of Economics Student Council (SESC), University of the Philippines – Diliman * Angat Kabataan, Taytay, Rizal

Freedom of Information is vital to good scholarship and “evidence-based research.”

Freedom of Information is critical to “responsible participation in public life.”

Freedom of Information assures transparency, “our greatest defense against public officials who have diverged from the will of the electorate.”

Freedom of Information enables public servants “who have done right and performed well.”

in a joint statement, professors, deans, and a university president from the nation’s largest and most creditable universities, on Friday added their voices to the popular clamor for the immediate passage of the FOI bill by the 15th Congress.

The professors averred “the arbitrary roadblocks set by public offices (as) barriers to a sincere examination of government operations.”

They raised concern that, “failure to pass the bill in the fifteenth congress sets back the administration’s reform agenda at a crucial time when transparency in governance needs to be institutionalized.”

“It is unacceptable that a progressive piece of legislation is held hostage by politicians with vested interest seeking to incapacitate citizens who aim to hold them accountable,” they wrote.

Important lessons on citizenship and governance, indeed. But will the members of the House of Representatives listen? Will they pass or fail our professors, and do right on the FOI bill?

Here is the professors’ full statement:

Joint statement of academics for FOI 18 January 2013

WE, the undersigned faculty members of various universities, in our individual capacity as scholars and citizens, urge our Representatives in Congress to pass the Freedom of Information bill.

We consider the bill an important piece of legislation to uphold our fundamental right to publicly-held information. As scholars, we view access to data as an integral component in evidence-based research.

Currently, the arbitrary roadblocks set by public offices are barriers to a sincere examination of government operations.

As citizens, access to information is critical to responsible participation in national life.

Transparency is our greatest defense against public officials who have diverged from the will of the electorate. It is also valued highly by public servants who have done right and performed well.

We express concern that failure to pass the bill in the fifteenth congress sets back the administration’s reform agenda at a crucial time when transparency in governance needs to be institutionalized.

It is unacceptable that a progressive piece of legislation is held hostage by politicians with vested interest seeking to incapacitate citizens who aim to hold them accountable.

There is enough time to pass the bill. We press the fifteenth congress to take action and pass the FOI bill now.

In a joint statement on Friday, Netizens writing for various blog networks pledged their support and gigabytes to the growing multi-sectoral clamor for the immediate passage of the Freedom of Information (FOI) bill, before the 15th Congress packs up and goes.

Ten senior bloggers who signed the statement that was read at the press conference of the Right to Know, Right Now! Coalition called on the members of the House of Representatives to “pass the FOI bill NOW… without delay and distraction.”

The bloggers raised three arguments for the FOI’s immediate passage, notably:

* The bill “breathes life into the constitutional mandate of transparency and accountability… and compels the Government to fulfill a promise that has persistently been broken.”

* The bill “enables the people to be vigilant over the use of public funds,” and upholds “(our) right to guard our taxes — The People’s Money — against theft and wasteful spending.”

* The bill “assures faster, more reliable delivery of basic and essential information for its citizens — guaranteeing access to public documents that affect our lives — whether these affect private lives or properties, or whether these affect public policy.”

The FOI bill must pass, they said, without need for a right-of=reply (RoR) provision “that imposes a chilling effect on responsible citizens otherwise eager to speak truth or facts without the burden of harassment by politicians who wield awesome influence or resources.”

Citing libel laws, self-regulation policies in place in media agencies, and “the Terms of Service of individual social media providers,” the Netizens nixed the inclusion of an RoR clause in the FOI bill.

“The push now for Right of Reply is designed, in great part, to minimize the impact of FOI on the forthcoming elections, even though it is during electoral campaigns when discussion of public matters is most urgent and vital,” the Netizens said.

Here is the full text of the Netizens’ statement:

Statement On the Immediate Passage of the Freedom of Information (FOI) Act 18 January 2013

WE, Netizens of the Philippines, call on the House of Representatives to pass the Freedom of Information (FOI) Bill NOW.

First, the FOI breathes life into the constitutional mandate of transparency and accountability of our Government. It compels the Government to fulfill a promise that has persistently been broken.

Second, the FOI Bill enables the people to be vigilant over the use of public funds with further guarantees of transparency and oversight. We have the right to guard our taxes — The People’s Money — against theft and wasteful spending.

Third, the FOI Bill assures faster, more reliable delivery of basic and essential information for its citizens — guaranteeing access to public documents that affect our lives — whether these affect private lives or properties, or whether these affect public policy.

The FOI Bill needs to pass without delay or distraction.

We, the Netizens, further call on the Congress to pass the FOI Bill without a right-of-reply (RoR) rider that is so inconsistent with the Constitution:

a) It imposes a chilling effect on responsible citizens otherwise eager to speak truth or facts without the burden of harassment by politicians who wield awesome influence or resources.

b) There already exist constitutional measures designed to counteract defamatory expression concerning public officials or matters, such as the laws and jurisprudence on libel, the Terms of Service of individual social media providers, or the policies of self-regulatory bodies of press organizations.

c) The push now for Right of Reply is designed, in great part, to minimize the impact of FOI on the forthcoming elections, even though it is during electoral campaigns when discussion of public matters is most urgent and vital.

As such we Netizens, call on the Members of Congress who have pledged to support and pass the FOI Bill to do so NOW.

We Netizens ask the public to join us in urging that the FOI Bill be passed now.